The plaintiff Cai, female, worked in a company. In December 2018, the plaintiff Cai was diagnosed with early pregnancy. Due to the symptoms of threatened abortion, the doctor suggested to rest and protect the fetus.Materials such as diagnosis certification (submitted WeChat first, and then submitted the original materials), but in January 2019, a company suddenly stopped paying Cai’s salary. On February 15, 2019, he was absent from work and serious violations of labor discipline on February 15, 2019.The remarks notice was delivered and no longer continued to provide the labor conditions from Cai.
Cai believes that the company’s dismissal of pregnancy employees violates the law and should continue to fulfill the labor contract between the two parties, and the company should also pay the wages that arrears since December 2018.
After the case, after the labor arbitration, the first and second trial procedures, the company decided that the company continued to fulfill the labor contract with Cai, and paid the salary owed to Cai.
Double -profit lawyer’s point of view (dispute points and reasons)
1) The legitimate rights and interests of the workers are protected by the law. The company deliberately dismissed the pregnant female employees by the plaintiff Cai’s absenteeism without a reason, and violated Article 5 of the "Special Regulations for the Protection of Female Workers".The rules of breastfeeding reduce their wages, dismiss, and terminate labor or hire contracts. "Therefore, a company shall be issued to Cai’s notification of the labor contract notification and shall be revoked.According to Article 48 of the Labor Contract Law of the People’s Republic of China, if the employer violates the termination of the labor contract or terminate the labor contract in violation of the provisions of the Law, the employer shall continue to perform the labor contract, and the employer shall continue to perform.
2) After Cai was diagnosed with pregnancy, it provided a hospital diagnostic certificate, and the diagnostic certificate period was continuous. As for the company believes that the hospital that examination and diagnosis does not belong to the top three hospitals, according to thisThe lack of reasonable basis for discipline should not be supported.
3) In addition, the state’s special regulations on labor protection of female employees, for female employees, especially female employees in menstruation, pregnancy, and lactation have limited the scope of labor.For employees who are more than 7 months pregnant, the employer shall not extend the labor time or arrange night shift work, and shall arrange a certain rest time during the labor time.